Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Re-engagement Study, however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and (...) harassment within law firms, primarily affecting though not confined to, female lawyers. Of course, bullying and associated behaviours are not confined to the legal profession. But these behaviours are at odds with a profession that purports to be deeply concerned with the ethical conduct of its members. Arguing that ‘ethics begins at home’, this paper suggests NARS raises uncomfortable questions about legal professional ethics: if law firms cannot treat their own staff members ethically, what does that say about the firm’s approach to ethical conduct more generally? And if this culture is as widespread as the report suggests, what does this say about the ethics of the legal profession as a whole? (shrink)

Open peer commentary on the article “Designing Academic Conferences in the Light of Second-Order Cybernetics” by Laurence D. Richards. Upshot: Richards’s long history and commitment to cybernetics provides a well-rounded view of the dichotomy between the traditional conference and one aspiring for second-order cybernetic attributes. We examine why traditional conferences have proved so resilient, despite their shortcomings, and discuss some issues that underlie the dynamics of the participation of academics in non-traditional conferences.

ABSTRACTA lawyer's behaviour derives from their own principles and values, the norms of professionalism, the professional conduct rules and the common law. In the past, much emphasis has been placed upon the first two sources as they formed the basis of self-regulation and influenced the development of legal ethics. Recently, the Australian codes of ethics explicitly detail an increasing range of duties which might reasonably have been thought to be implicit characteristics of sound ethical values and professionalism, for example, a (...) duty to be civil, and an explicit prohibition against harassment, intimidation and bullying. Such additions have been deemed necessary as a response to increasing concerns about lawyer incivility and empirical reports detailing high levels of harassment, intimidation and bullying within law firms. We suggest that the expansion of duties in the codes raises intriguing and troubling questions: Does the expansion of duties in the codes suggest that lawyers, as a group, need rules... (shrink)

Antonio Gramsci is one of the major social and political theorists of the 20th century whose work has had an enormous influence on several fields, including educational theory and practice. Gramsci and Education demonstrates the relevance of Antonio Gramsci's thought for contemporary educational debates. The essays are written by scholars located in different parts of the world, a number of whom are well known internationally for their contributions to Gramscian scholarship and/or educational research. The collection deals with a broad range (...) of topics, including schooling, adult education in general, popular education, workers' education, cultural studies, critical pedagogy, multicultural education, and the role of intellectuals in contemporary society. (shrink)

Understand the fundamental principles of lawyering and how to apply them to professional conductEthics and Legal Professionalism in Australia introduces students to the ethics and professional responsibilities that they will encounter in practice. It outlines the concepts, rules and conflicts relating to legal ethics in addition to exploring the ambiguous ethical aspects associated with being a lawyer. The text offers a thematic approach, with each chapter focusing on one theme and how it relates to lawyers' professional obligations. It aims to (...) encourage the development of students' 'moral compass', guiding them on how they might address ethical dilemmas and difficult situations before they are faced with these in reality.This third edition retains the original focus and principles of the previous editions but has been thoroughly updated to address the considerable changes to the legal profession and the environment.NEW TO THIS EDITIONUpdated to reflect rapid technological advances and ongoing globalisation processesStronger focus on health and wellbeing, addressing the mental health issues amongst lawyersMore case studies included throughoutSignificant updates to chapters:2: The Framework of Lawyering - updated to include the application of Uniform Law in Western Australia5: Loyalty to the Client - References to Lawyer X (Nicola Gobbo) case - Gobbo, while representing a number of significant criminal identities, also acted as a police informant providing information that contributed to the arrest and conviction of those clients6: Confidentiality - More detail relating to the Lawyer X case, and a discussion of the case of Collaery. The case is ongoing at the time of writing. It concerns the Commonwealth Government's action in seizing documents from an Australian lawyer representing Timor-Leste. Documents seized included a brief relating to a then current action against the Australian Government before the International Court of Justice7: Competence - more detail added on a lawyer's competence as to understanding and using technology, detailed discussion of mental health issues raised in misconduct proceedings and updated to include the relationship of wellbeing to competence9: Service and Access to Justice - updated to include more on seeking to define access to justice and identifying types of vulnerability. (shrink)

ABSTRACTSince 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines...

ABSTRACTCivility has long been considered a core value of lawyering. For some time, concern has been expressed in the literature about the loss of civility in the legal profession, and regulators and professional associations have sought to foster civility and to discourage, and in some cases, penalise, incivility. In particular, instances of incivility or discourteousness are increasingly linked to questions of misconduct. However, the notion of ‘civility’ is itself, often contentious, and the line between ‘robust' communication and incivility is unclear.Does (...) civility matter? If so, when will lawyer advocacy on behalf of the client, or their strongly worded criticisms of an opponent's actions, become the subject of claims of unethical behaviour?Arguing that civility is important, this article will analyse relevant case law from Australia, the United Kingdom, the United States, Canada and New Zealand, in order to better understand contemporary conceptions of civility and to draw out principles currently b.. (shrink)

This paper provides a description of the role of the clinical ethicist as it is generally experienced in Canada. It examines the activities of Canadian ethicists working in healthcare institutions and the way in which their work incorporates more than ethics case consultation. The Canadian Bioethics Society established a Taskforce on Working Conditions for Bioethics (hereafter referred to as the Taskforce), to make recommendations on a number of issues affecting ethicists and to develop a model role description. This essay carefully (...) assesses this model role description. (shrink)

This paper provides a description of the role of the clinical ethicist as it is generally experienced in Canada. It examines the activities of Canadian ethicists working in healthcare institutions and the way in which their work incorporates more than ethics case consultation. The Canadian Bioethics Society established a “Taskforce on Working Conditions for Bioethics” (hereafter referred to as the Taskforce), to make recommendations on a number of issues affecting ethicists and to develop a model role description. This essay carefully (...) assesses this model role description. (shrink)

ABSTRACT The much discussed ethical problems of clinicians, who have direct care of patients, are mainly within their responsibilities to the ‘index’patient with whom they are immediately concerned. When pathologists are practising clinical pathology they are responsible for performing and interpreting tests on specimens from patients at the request of clinicians, and advising on these tests. Their ethical problems, as they do not have direct care of patients, mainly lie between their obligations to the requesting clinician, to the index patient (...) under investigation in the laboratory, and also to other patients, and to their staff. These problems are largely ignored in the literature both of medical ethics and of pathology. The ethical principles of: (1) respect for autonomy; (2) non‐maleficence; (3) beneficence; and (4) justice are discussed with particular reference to the work of clinical pathologists: possible applications of virtue ethics are also considered. Ethical problems that arise in the course of a pathologist's receiving, investigating, and reporting and advising on, a patient's specimen are examined on the basis of the above principles: an attempt is made to offer guidance on the problems. (shrink)

A large literature documents the correlates and causes of subjective well-being, or happiness. But few studies have investigated whether people choose happiness. Is happiness all that people want from life, or are they willing to sacrifice it for other attributes, such as income and health? Tackling this question has largely been the preserve of philosophers. In this article, we find out just how much happiness matters to ordinary citizens. Our sample consists of nearly 13,000 members of the UK and US (...) general populations. We ask them to choose between, and make judgments over, lives that are high in different types of happiness and low in income, physical health, family, career success, or education. We find that people by and large choose the life that is highest in happiness but health is by far the most important other concern, with considerable numbers of people choosing to be healthy rather than happy. We discuss some possible reasons for this preference. (shrink)

The effectiveness of information retrieval technology in electronic discovery (E-discovery) has become the subject of judicial rulings and practitioner controversy. The scale and nature of E-discovery tasks, however, has pushed traditional information retrieval evaluation approaches to their limits. This paper reviews the legal and operational context of E-discovery and the approaches to evaluating search technology that have evolved in the research community. It then describes a multi-year effort carried out as part of the Text Retrieval Conference to develop evaluation methods (...) for responsive review tasks in E-discovery. This work has led to new approaches to measuring effectiveness in both batch and interactive frameworks, large data sets, and some surprising results for the recall and precision of Boolean and statistical information retrieval methods. The paper concludes by offering some thoughts about future research in both the legal and technical communities toward the goal of reliable, effective use of information retrieval in E-discovery. (shrink)

Extreme conditions like savantism, autism or synaesthesia, which have a neurological 2AH, UK basis, challenge the idea that other minds are similar to our own. In this paper we report a single case study of a man in whom all three of these conditions co-occur. We suggest, on the basis of this single case, that when savantism and synaesthesia co- occur, it is worthwhile testing for an undiagnosed Autism Spectrum Condition (ASC). This is because savantism has an established association with (...) ASC, and the combination of ASC with synaesthesia may increase the likelihood of savantism. The implications of these conditions for philosophy of mind are introduced. (shrink)

The ministerial cabinets are growing in number and in cost. They constitute a nuisance for the good functioning of the civil service. However, there is a functional necessity for the Minister to dispose of a reduced personal staff.The suppression of ministerial cabinets would hurt the feelings of the political parties who are eager to use them as a source of power and of influence which they consider as an electoral asset. The only practical solution is to keep under strict control (...) the number of the cabinet members and to convince the political parties that they have a fundamental interest to keep a high standard of functioning for the civil service. (shrink)

ABSTRACTRecognising a facial expression is more difficult when the expresser's body conveys incongruent affect. Existing research has documented such interference for universally recognisable bodil...

As companies increasingly communicate CSR initiatives through social media, viral message propagation has become a crucial prerequisite for CSR success. Evidence from two experimental studies, one based on a national representative online sample, shows that social media peers’ endorsement of a CSR message in terms of number of shares, likes and positive replies contributes to an individual’s intention to share it on the social network and thereby participate in message propagation, and that this process can be explained by normative influences (...) exerted by the social media community through the activation of injunctive and descriptive norms, as well as social identity motives. Findings further confirmed that the norm-activating effects of social media endorsement are moderated by the empowering qualities of the CSR message, the sharing source of the message by affecting CSR credibility, and the recipient’s interdependent self-construal. Corporate communication managers are advised to achieve a high degree of initial social media endorsement of their CSR message, for recipients of the message to perceive social pressure motivating message sharing with their social media peers. (shrink)

This teaching case focuses on Diversity, Equity, and Inclusion (DEI) at a museum. At the beginning of 2021, the organization found itself in a crisis when more than 2,000 community members and 85 anonymous employees demanded the resignation of the museum’s President due to the language he defended in a job posting advocating for a job applicant to diversify audiences while “maintaining the traditional white core audience of the museum” (Salaz 2021). Students take on the role of an external consultant (...) to assess DEI maturity at the museum. The case challenges students to propose implementation and impact metrics for a DEI action plan. The case facts provide a timely and relevant setting to discuss DEI challenges in not-for-profit organizations. (shrink)

Biobanks correspond to different situations: research and technological development, medical diagnosis or therapeutic activities. Their status is not clearly defined. We aimed to investigate human biobanking in Europe, particularly in relation to organisational, economic and ethical issues in various national contexts. Data from a survey in six EU countries were collected as part of a European Research Project examining human and non-human biobanking. A total of 147 institutions concerned with biobanking of human samples and data were investigated by questionnaires and (...) interviews. Most institutions surveyed belong to the public or private non-profit-making sectors, which have a key role in biobanking. This activity is increasing in all countries because few samples are discarded and genetic research is proliferating. Collections vary in size, many being small and only a few very large. Their purpose is often research, or research and healthcare, mostly in the context of disease studies. A specific budget is very rarely allocated to biobanking and costs are not often evaluated. Samples are usually provided free of charge and gifts and exchanges are the common rule. Good practice guidelines are generally followed and quality controls are performed but quality procedures are not always clearly explained. Associated data are usually computerised. Biobankers generally favour centralisation of data rather than of samples. Legal and ethical harmonisation within Europe is considered likely to facilitate international collaboration. We propose a series of recommendations and suggestions arising from the EUROGENBANK project. (shrink)

AimTo evaluate the cognitive functioning of subjects practicing trance mediumship in Brazil.MethodThe study was based on the measurement of cognitive functions of 19 spirits mediums through neuropsychological tests such as the Brief Cognitive Screening Battery, the Verbal Fluency Test, the digit span test, the cube test, the five digit test and an evaluation of mental health through scales such as the Beck Depression Inventory, the Self-Report Questionnaire, and the Trauma History Questionnaire. The sample included the participation of spirit mediums divided (...) into two groups. The more experienced group with 11 subjects had more than 10 years of mediumistic practice, while the other less experienced group with 8 subjects had 1–5 years of experience. The inclusion criteria were psychophonic mediums with regular trance practices for at least one year. The data collected were analyzed using the SPSS statistical package.ResultsRegarding performance on the BCSB and digit span test, all subjects reached scores at the median or higher in comparison to standardized scores of Brazilians. Scores of 90% on the cube test and 42% on the FAS were reached in comparison to median or higher values, versus the median of standardized scores among Brazilians. On the FDT, we found statistical significance in the choice stage, with higher performance of subjects whose initial age of trance recognition occurred before 21 years old. On the BDI scale, no participant met the criteria for major depression. The SRQ showed an incidence of common mental disorders in 21% of the sample, which was more prevalent in the LEG.ConclusionThe cognitive functioning of subjects who practice trance mediumship in Brazil is associated with cognitive health. Executive dysfunction may be a tendency in LEG. However, an incidence of common mental disorders in the LEG was observed. Executive processing was higher in the subgroup with early practices of recognizing the phenomenon. (shrink)

On a voulu montrer dans ce livre que, reflete a travers les miroirs differents que sont les genies philosophiques et politiques de l'epoque, l'idealisme allemand forme une incontestable unite de langage philosophique. A l'interieur de cette grande unite, ou la philosophie ne cesse de se confronter aux plus hauts problemes de l'homme, le clivage entre un idealisme transcendantal et l'idealisme speculatif apparait comme une faille profonde, en ce que la description de la finitude humaine, et par consequent la comprehension des (...) limites de l'homme, est l'objet du premier alors que le rapport d'expression du fini a l'infini est au coeur du second. L'attitude idealiste symbolisee par Hegel a eu de nombreuses consequences. Mais les critiques qui ont ete faites aux successeurs de Hegel ne doivent pas nous faire oublier la presence de l'idealisme allemand. C'est cette presence philosophique que ce livre espere restituer. (shrink)

In this article I will offer a reconsideration of Soran Reader’s moral pacifism. I will begin by reconstructing the three main arguments presented by Reader in her article ‘Making Pacifism Plausible’ in the second part of this essay. In the third section, I discuss and evaluate Reader’s arguments and conclude that her moral pacifism is indeed plausible. In the fourth section, I introduce the notion of political pacifism. Moral pacifism is the philosophical thesis that war cannot be morally justified. Political (...) pacifism, in contrast, refers to the political movement that aims to abolish the institution of war to replace it with an institution of peace. My proposal is that we combine moral pacifism and political pacifism in order to show that in today’s world we are faced with a situation of structural injustice with regard to international conflicts between states. In the status quo, international war is the accepted institution to solve conflicts between states. However, according to moral pacifism, war is always morally problematic. I argue that our current political situation is structurally unfair and when we are threatened with an unjust external invasion, we have no morally sound choices for action. Going to war and refusing to fight are both deeply morally problematic options. Without just alternatives, we may end up going to war to protect our territory and children. However, we should resist the temptation to conclude that war can be just, even in these circumstances. In the last section of the article, I conclude that philosophers should stop using all their intellectual energy to provide philosophical justifications for a just war theory (a theory that is widely accepted by contemporary philosophers). Instead, we ought to argue that war is always unjust, and precisely for this reason we should commit to research about how to replace the institution of war with an institution of peace, and think about what would be the most appropriate form for such institution. For these reasons, I believe it is important for us to reconsider Soran Reader’s moral pacifism. (shrink)

Evidence points to nurses as possessing particular skills which are important for public health leadership; in particular, investigators have found that a nurse public health director is strongly associated with positive health department performance. To better understand this association and to guide the effective deployment of nurse leaders, researchers sought to explore the specific leadership strategies used by nurse public health directors, using a critical thematic analysis approach to examine these leadership strategies in the context of certain ideologies, power differentials, (...) and social hierarchies. Data were collected via semistructured interviews conducted from July to September 2020 with 13 nurse public health directors from across the United States. Major themes illustrate a distinct picture of the nursing approach to public health leadership: (a) approaching their work with an other-focused lens, (b) applying theoretical knowledge, (c) navigating the political side of their role, and (d) leveraging their nursing identity. Findings articulate the nurse public health director's distinctive combination of skills which reflect the interprofessional nature of public health nursing practice. Such skills demonstrate a specialized approach that may set nurse leaders apart from other types of leaders in carrying out significant public health work. (shrink)

BackgroundTraumatic brachial plexus injury (TBPI) causes a sensorimotor deficit in upper limb (UL) movements.ObjectiveOur aim was to investigate the arm–forearm coordination of both the injured and uninjured UL of TBPI subjects.MethodsTBPI participants (n = 13) and controls (n = 10) matched in age, gender, and anthropometric characteristics were recruited. Kinematics from the shoulder, elbow, wrist, and index finger markers were collected, while upstanding participants transported a cup to their mouth and returned the UL to a starting position. The UL coordination (...) was measured through the relative phase (RP) between arm and forearm phase angles and analyzed as a function of the hand kinematics.ResultsFor all participants, the hand transport had a shorter time to peak velocity (p < 0.01) compared to the return. Also, for the control and the uninjured TBPI UL, the RP showed a coordination pattern that favored forearm movements in the peak velocity of the transport phase (p < 0.001). TBPI participants' injured UL showed a longer movement duration in comparison to controls (p < 0.05), but no differences in peak velocity, time to peak velocity, and trajectory length, indicating preserved hand kinematics. The RP of the injured UL revealed altered coordination in favor of arm movements compared to controls and the uninjured UL (p < 0.001). Finally, TBPI participants' uninjured UL showed altered control of arm and forearm phase angles during the deceleration of hand movements compared to controls (p < 0.05).ConclusionThese results suggest that UL coordination is reorganized after a TBPI so as to preserve hand kinematics. (shrink)

Ayant vécu un moment décisif de son enfance en France pendant la Deuxième Guerre mondiale, Claire Hsu Accomando y consacre ce livre de souvenirs qui, chose rare, est paru directement en anglais. Love and Rutabaga est un document-témoignage qui donne à réfléchir sur l’histoire des femmes, sur la vie quotidienne, et sur la mémoire. La singularité du projet consiste en la narration d’une grande personne qui raconte son enfance à cinquante ans d’intervalle du point de vue de l’enfant. Il en (...) résul... (shrink)

Ayant vécu un moment décisif de son enfance en France pendant la Deuxième Guerre mondiale, Claire Hsu Accomando y consacre ce livre de souvenirs qui, chose rare, est paru directement en anglais. Love and Rutabaga est un document-témoignage qui donne à réfléchir sur l’histoire des femmes, sur la vie quotidienne, et sur la mémoire. La singularité du projet consiste en la narration d’une grande personne qui raconte son enfance à cinquante ans d’intervalle du point de vue de l’enfant. Il en (...) résul... (shrink)